Banksy’s longstanding legal fight continues as he faces a battle to reclaim control of his trademark. In the ongoing battle with greeting card company Full colour Black, who sells cards that use Banksy’s popular and famous motifs, Banksy’s team will appear in court in April to defend the artist.
Owner of the company Andrew Gallagher, has argued that Banksy has failed to use his trademark for the images he created meaning that, under UK law, the motifs are freely available to use. What’s more, Gallagher has urged that the trademarks be cancelled for “non-use.”
However, the world’s most famous artist has denied this claim stating that he has previously used the motifs and trademark to sell his artworks and merchandise.
The case will be argued this coming April at a special tribunal held at the UK’s Intellectual Property Office The hearing is to be of particular interest to Banksy collectors, the public and the wider artworld as it will be one of the few times that the secretive artist’s legal team - or those representing the artist - will speak in public.
On the issue, Banksy said, “A greeting card company is contesting the trademark I hold to my art, and attempting to take custody of my name so they can sell their fake Banksy merchandise legally.” This is one of the few times that the artist has directly commented on the case, with previous statements and announcements from the artist have come via his Instagram account or through his Pest Control Office company.
Defending their actions, Gallagher has previously attempted to sue that artist for defamation following a post by Banksy on Instagram when the artist allegedly encouraged his followers to steal from the GUESS clothes store on Regents Street in Central London after it promoted an apparent collaboration. Arguing the 2019 pop-up Gross Domestic Product displayed and sold his merchandise such as the stab-proof vest worn by British rapper Stormzy on stage at Glastonbury.
A source for the artist said, “Everyone and his dog uses Banksy descriptively, when you see Banksy describing something you don’t necessarily think it comes from Banksy, it doesn’t function as a trademark anymore. He hasn’t sold things with the word Banksy, he doesn’t do spin off and merchandise.”
For more information Banksy signed prints for sale or to buy Banksy original paintings contact info@guyhepner.com.